The Debates in the Several State Conventions on the Adoption of the Federal Constitution

Creator
State lawmakers at different state conventions

Context
The debates surrounding the constitutionality of the Alien and Sedition Acts

Audience
State lawmakers and politicians at several state conventions

Purpose
To create dialogue and debate about the constitutionality of the Alien and Sedition Acts

Historical Significance
These debates show that not all lawmakers were in support of legislation that would compromise the rights granted in the Constitution for citizens and non-citizens to criticize the federal government at a time of war. National security was at the core of these debates, and the Alien and Sedition Acts were imposed to protect perceived threats to national security.

These debates also show a willingness to adhere to a young and untested national constitution, even if it meant allowing citizens and non-citizens alike to criticize the government at any time.

Transcribed

The Debates in the Several State Conventions on the Adoption of the Federal Constitution [Elliot's Debates, Volume 4]
Alien and Sedition Laws.

June, 1798.

Mr. LIVINGSTON. By this act the President alone is empowered to make the law; to fix in his own mind what acts, what words, what thoughts, or looks, shall constitute the crime contemplated by the bill; that is, the crime of being "suspected to be dangerous to the peace and safety of the United States." This comes completely within the definition of despotism—a union of legislative, executive, and judicial powers. My opinions on this subject are explicit: they are, that wherever our laws manifestly infringe the Constitution under which they were made, the people ought not to hesitate which to obey. If we exceed our powers, we become tyrants, and our acts have no effect.

Mr. TAZEWELL opposed the bill. He knew but of one power, given to Congress by the Constitution, which could exclusively apply to aliens; and that was the power of naturalization. Whether this was a power, which excluded the states from its exercise, or gave to Congress only a concurrent authority over the subjects, he would not now pretend to say. It neither authorized Congress to prohibit the migration of foreigners to any state, nor to banish them when admitted. It was a power, which could only authorize Congress to give or withhold citizenship. The states, notwithstanding this power of naturalization, could impart to aliens the rights of suffrage, the right to purchase and hold lands. There were, in this respect, no restraints upon the states. The states, Mr. T. said, had not parted from their power of admitting foreigners to their society, nor with that of preserving the benefit, which their admission gave them in the general government, otherwise than that by which they would be deprived of a citizen. [The bill passed the Senate by yeas, 16; nays, 7.]

The Debates in the Several State Conventions on the Adoption of the Federal Constitution [Elliot's Debates, Volume 4]
On the same Subject.—1799.

From a Report of Congress. —"The right of removing aliens, as incident to the power of war and peace, according to the theory of the Constitution, belongs to the government of the United States. By the 4th section of the 4th article of the Constitution, Congress is required to protect each state from invasion; and is vested by the 8th section of the 5th article with powers to make all laws which shall be proper to carry into effect all powers vested by the Constitution in the government of the United States, or any department or officer thereof; and, to remove from the country, in times of hostility, dangerous aliens, who may be employed in preparing the way for invasion, is a measure necessary for the purpose of preventing invasion, and, of course, a measure it is empowered to adopt."

In relation to the sedition act, the committee report that "punish false, scandalous, and malicious writings against the government, with intent to stir up sedition, is a law necessary for carrying into effect the power vested by the Constitution in the government of the United States, and in the officers and departments thereof, and, consequently, such a law as Congress may pass."

Further —"Although the committee believe that each of the measures [alien and sedition laws] adopted by Congress is susceptible of an analytical justification, on the principles of the Constitution and national policy, yet they prefer to rest their vindication on the same ground of considering them as parts of a general system of defense, adapted to a crisis of extraordinary difficulty and danger.

State lawmakers, THE DEBATES IN THE SEVERAL STATE CONVENTIONS ON THE ADOPTION OF THE FEDERAL CONSTITUTION [ELLIOT’S DEBATES, VOLUME 4] (1798). Courtesy of the Library of Congress.